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Administrative and municipal law
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MAIN PAGE > Journal "Administrative and municipal law" > Contents of Issue ¹ 01/2021
Contents of Issue ¹ 01/2021
Administrative and municipal law: forms and methods of implementation (practice)
Mazein A.V. - Detection of citizens’ communications on the Internet that require a response as a new form of administrative activity pp. 1-14

DOI:
10.7256/2454-0595.2021.1.35047

Abstract: This article examines the legal regulation of detection of citizens’ communications on the Internet s that require a response from the government authorities. The relevance is substantiated by the increase in the number of publications on Internet that require a response, as well as by the fact that the corresponding legal relations are not regulated by the Federal Law “On the Procedure for Considering Appeals of the Citizens of the Russian Federation". Since such form of administrative activity obtained a wide circulation in 2020 and needs further research, analysis is conducted on the practice of legal regulation of the indicated questions. The author concludes that the legal acts of all constituent entities of the Russian Federation on this question are similar: they determine the procedure for detection of information that requires a response, its processing, and posting the results of consideration. Analysis is performed on the structure of the subjects engaged in this administrative activity; emphasis is placed on the involvement of nongovernmental organizations in this process. In the conditions of digitalization of administrative activity, many regions utilize the automated Incident Management System to facilitate coordination of all citizens’ communications that require a response. It is noted that the Regional Management Centers have been established for improving the process of detection of citizens’ communications that require a response. Analysis of the system of such relations between the government and the citizens allows continuing research on the problematic issues of working with the Internet resources – falsity of information, anonymous publications, need for immediate response, etc.
Question at hand
Korshunova O.N., Koryachentsova S.I. - Certain aspects of organization of prosecutorial supervision over the execution of laws on minors in the area of urban planning pp. 15-29

DOI:
10.7256/2454-0595.2021.1.33743

Abstract: This article addresses the questions of prosecutorial assessment of the validity of territorial planning documents and allocation of the facilities for minors. The need to take into account violations in development of the territorial planning documents is substantiated. The subject of this research is the theoretical and legal framework of prosecutorial supervision over the execution of laws in the area of urban planning. The object is the legal relations established in organization and implementation of prosecutorial supervision in this sphere. The goal is set to analyze the conformity of urban planning legislation based on the existing theoretical provisions on organization and implementation of prosecutorial supervision. The novelty of this work lies in formulation of recommendations of evidence-based recommendations on observance of rights and legitimate interests of minors, which can be ensured directly in building and reconstruction of the facilities designated for educational institutions, and indirectly – through optimization of allocation of the objects of residential construction, transport and utility systems, beautification of cities, improvement of the state of urban environment. The need is substantiated for intensification of prosecutorial oversight in this regard, including the use of relevant achievements in the theory of prosecutorial activity and scientifically grounded methodological recommendations on interrelated directions of oversight activity. In conclusion, it is noted that in the conditions of expansion of urban construction, prosecutorial branches should implement preventive supervision and measures for remedying violations; an important factor for the effective oversight in the indicated sphere is the knowledge in various branches of law (urban planning, land, environmental, budget, civil, etc.).
Public law: New challenges and realities
Krylov O.M. - Currency circulation and its organization in the Russian Federation as a public need and interest pp. 30-38

DOI:
10.7256/2454-0595.2021.1.33746

Abstract: The subject of this research is the categories of “public need” and “public interest”. The object is the currency circulation and its organization. The author examines the elements of currency circulation, which represent independent public needs with corresponding public interests in its organization. Special attention is given to interrelation between the public needs in currency circulation and public interests, which serves as the legislative framework for currency circulation and observance of the balance of public and private interests in organization of currency circulation. The conclusion is drawn on the representatives of public interest in currency circulation and interdependence of public needs in currency circulation on the corresponding public interests in its organization. The author also formulates a number of interesting conclusions on interrelation between public needs in currency circulation, public interests and needs in other spheres of public life and organization of currency circulation, which serve as the legislative framework for currency circulation and observance of balance of public and private interests in organization of currency circulation. The novelty of this research consists in determination of the content of public interest in currency circulation, as well as in establishment of correlation with public interests and needs in other spheres of public life.
Administrative law, municipal law and security
Novoselov S.A. - On implementation of the principle of unavoidability of liability with regards to the drivers of vehicles registered in foreign countries that violate traffic rules of the Russian Federation, recorded by automated monitoring systems pp. 39-54

DOI:
10.7256/2454-0595.2021.1.34152

Abstract: The subject of this research is the international and Russian normative legal acts aimed to ensure unavoidability of liability for violators of the Road Traffic Rules of the Russian Federation, namely the drivers of vehicles registered in foreign countries. The object of this research is the administrative legal relations that arise in the course of proceedings in such cases. The article traces the correlation between the increase in violations of the road traffic rules and consequences of the traffic accidents caused by such drivers; as well as the reason for lack of evidence required by the Main Directorate for Traffic Safety to hold the responsible to account. The article explores the questions of interaction between the Main Directorate for Traffic Safety of the Ministry of Internal Affairs of Russia and other state departments in order to eliminate the flaws in organization of the work on ensuring unavoidability of liability by drivers of vehicles registered in foreign countries. The conclusion is made on the need to form a unified database on owners of motor vehicles registered in foreign countries and individuals bringing them into the Russian Federation, determine the federal department of executive branch and delegation of power thereto for ensuring that individuals crossing the border of the Russian Federation adhere to these administrative laws, as well as introducing amendments into the legislation of the Russian Federation on restricting the right of foreign citizens to cross the state borders of the Russian Federation if failed to pay an administrative penalty. The author also underlines the need for the development of international agreements between the Russian Federation and foreign countries on the mutual recognition and liability for traffic violations recorded by automated monitoring systems.
Administrative and municipal law: forms and methods of implementation (practice)
Ishchenko A.A. - On administrative regulation of market economy pp. 55-62

DOI:
10.7256/2454-0595.2021.1.34401

Abstract: The subject of this research is the historical approaches towards administrative regulation of socioeconomic development of Russia throughout the XX and early XXI centuries. The article is dedicated to studying the administrative-legal mechanism of strategic planning. The key research methods are historical-chronological and dialectical. Analysis is conducted on the approaches towards administrative regulation of the development of Russian economy in the context of historical and dialectical development. The author examines the principal legislative acts that determine the state policy aimed at the development of economic system and achievement of the goals of socioeconomic development of the country and society. The obtained results indicate that the degree of government intervention in the economy varies. The author underlines that the intervention is justified and essential at the time of recession. A comprehensive strategic planning mechanism is currently being formed in Russia to ensure socioeconomic development; however, this institution requires some improvements. The author outlines future vectors of research of this mechanism for advancing its efficiency. For this purpose, it is offered to determine its elements, means of their interaction and form the system of principles for the development of state economic policy and its implementation.
Liability in administrative and municipal law
Firsov M.V. - Legal responsibility of the heads of territorial branches of federal executive authorities pp. 63-79

DOI:
10.7256/2454-0595.2021.1.33615

Abstract: This article is a response to the request of the government, society, and business for improving efficiency of the work of territorial branches of federal executive authorities and the quality of the services rendered, which are particularly associated with the formation of transparent and clear mechanisms that meet modern requirements, as well as the creation of the fundamentally new level of development of territorial branches of federal executive authorities aimed at improvement of the entire system of executive branch. The goal of this work lies in the analysis of existing legal practice and outlining the ways for improving the autonomous institutions of legal responsibility. Leaning on the analysis of law enforcement practice of bringing to responsibility of the heads of territorial branches of federal executive authorities, the author explores the legislative gaps that lead to imbalance of sanctions for committing offences, and offers measures on elimination of such gaps. Based on examination of the institution of disciplinary responsibility, which is considered as a mechanism for deterring and preventing more serious offences, the author makes recommendations on formation of a single information field for interaction of oversight bodies and personnel department of the federal executive authorities. This article is the first stage of extensive work on elaboration of measures aimed at improving efficiency of the territorial branches of the federal executive authorities.
Administrative law, municipal law and environment issues
Manin I. - The legal regime of subsoil usage in the United States pp. 80-97

DOI:
10.7256/2454-0595.2021.1.33753

Abstract: The subject of this research is the legal regulation of exploitation of underground resources in the United States, while the object is the relations of subsoil usage. The author examines the system and structure of the federal executive branches that maintain the development of mineral deposits in the United States, including their functions and authority, highlighting the United States Department of the Interior and its regional branches. Special attention is given to constitutional framework of natural resource management, ownership rights to land and subsoil, its classification in causality with administration of subsoil usage, as well as centralization of the U.S. state natural resource management mechanism. The research is based on the relevant legal sources, works and theses of the Russian and foreign scholars on the subject matter. The author systematizes the information valuable for organization of the national subsoil usage; excludes the possibility of foreign influence upon the lawmaking in Russian through determining unfavorable norms and methods of economic regulation, namely with regards to subsoil management in the constituent entities. The article contains both, new records and previous data, which is constantly being updated. The author’s recommendation of introduction in the Russian Federation of the list of “cooperating countries” may serve as an effective instrument of economic policy.
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